What is the correct way to end a tenancy?
Ending a tenancy is a normal part of a tenancy lifecycle and Landlords are entitled to do so. There is an important distinction between the normal rules for ending a tenancy lawfully and illegal evictions:
- To terminate a tenancy lawfully, a landlord must serve a valid Notice of Termination.
- An unlawful termination, also known as an illegal eviction, may occurwhere a landlord, through force, intimidation or otherwise (such as cutting off utilities or changing the locks) denies a tenant from accessing a rented dwelling or removes their belongings.
How to serve a valid Notice of Termination on a Tenant
If a landlord wants to end a tenancy, they must serve a valid written Notice of Termination and the Notice of Termination should be attached to theRTB Notice of Termination Return form. It can be emailed toNoticeofTermination@rtb.ieor posted to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork.
If posting, the RTB recommends using certified post to ensure landlords have proof of the date the RTB was sent the copy of the Notice of Termination.These documents must be sent to the Residential Tenancies Board on the same day as the notice is served on the tenant.Landlords should retain copies and proof of postage for their records.
Notice Periods
From 6 July 2022,when a landlord wishes to end a tenancy, there are new notice periods that the landlord must provide a tenant (outlined below).The new notice periods only apply to tenancies that are less than 3 years old.There has been no change to the notice periods for tenancies that are greater than 7 years old. The amount of notice required to end a tenancy depends on how long the tenant has lived in the property. The law sets out minimum notice periods which are different for a landlord and a tenant.The minimum requirement is 90-days for a tenancy that is less than 6 months in duration. Please note that “duration” refers to the total period of time in which a tenant has been living in the dwelling i.e. from the commencement date of the tenancy up to and including the date on which the Notice of Termination is served.
- Less than 6 months - 90 days
- Not less than 6 months but less than one year- 152 days
- Not less than 1 year but less than 7 years - 180 days
- Not less than 7 years but less than 8 years - 196 days
- Not less than 8 years - 224 days
These new notice periods do not apply where the Notice of Termination is served for a breach of tenant obligations or rent arrears . Landlords must still serve a warning notice and where the breach has not been remedied, can proceed to serve a 28-day Notice of Termination.
Start of notice periods
By law the notice period starts on the day immediately following the date of service of the Notice of Termination. The date of service, must be stated in the Notice of Termination, is the date the notice is posted, or hand delivered.
Example:On Monday, 1 July, a landlord posts a Notice of Termination to the tenant giving 28 daysnotice that the tenancy is being terminated. 1 July is the date of service. The28-daynotice period, starts on Tuesday, 2 July.
It is a good idea for landlords to give some extra days’ notice to tenants to make sure the minimum notice period required in the particular circumstance is covered.
In order for a Notice of Termination to be valid, it must:
- Be copied to the RTB at the same time as it is served on the tenant.
- Be in writing (an email willnotsuffice).
- Be signed by the landlord or their authorised agent, as appropriate.
- Specify the date of service. This is the date the notice is posted, or hand delivered.
- State the grounds for termination (where the tenancy has lasted for more than 6 months or is a fixed term tenancy).
- Specify the termination date and also that the tenant has the whole of the 24 hours of this date to vacate possession.
- State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within the time period permitted.
- From 6 July 2022, there is a requirement for the landlord to senda copy of allNotices of Termination to the RTB on the same day as the notice is served on the tenant. The Notice of Termination will be deemed invalid if this requirement is not met.
From 6 July 2022, if a tenant has an issue with the validity of the Notice of Termination they have received, a tenant now has 90-days (from the receipt of the notice) to apply for Dispute Resolution with the RTB. This was increased from 28-days.
This does not apply to Notices of Termination served for breach of tenant obligations or rent arrears. Where a breach has occurred, the time period to apply for dispute resolution with the RTB is 28-days.
Note: If you are submitting a Dispute Resolution application for rent arrears or are disputing the validity of a Notice of Termination, you must attach the Notice of Termination to your application.
Statutory Declaration
In some instances, a landlord is required to submit a Statutory Declaration with the Notice of Termination.
Where a landlord intends to sell the property within 9 months of terminating the tenancy, a Statutory Declaration must accompany the Notice of Termination confirming this intention.
Where a landlord requires the property for their own use or for use by a family member, a Statutory Declaration must accompany the Notice of Termination confirming the intended occupant's identity and (if not the landlord) their relationship to the landlord and the expected duration of the occupation. The Statutory Declaration must also confirm that the landlord is required to offer a tenancy to the tenant if the dwelling is vacated within a period of 12 months from the termination date.
Sample Statutory Declarations accompany the Notices of Termination.A Statutory Declaration must take a specific format and must be signed in the presence of a Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner. Please note that the Declarant must sign the Statutory Declaration themselves, it cannot be signed on their behalf by an authorised agent.
Student Specific Accommodation
A provider of Student Specific Accommodationis required to serve a valid written Notice of Termination to end a tenancy agreement with a student tenant.
Students have 90-days to refer a dispute to the RTB in relation to the validity of a Notice of Termination that has been served for a reason other than failure to pay rent or other breach of tenant / licensee obligation.
Overholding
A tenant is overholding where they continue to occupy the property on a date after the expiry of the notice period specified in a valid Notice of Termination served by the landlord. In such a situation the tenant must continue to pay rent to the landlord and receipt by the landlord of that rent does not imply recognition of an ongoing tenancy. Where a landlord, either verbally or in writing, withdraws a Notice of Termination, the tenancy will then continue
Regardless of the circumstances of a case, a RTB Adjudicator or Tribunal canonlyorder a tenant to vacate a rented dwelling on the expiration of a valid Notice of Termination, which is fully in compliance with the Residential Tenancies Act 2004.
Illegal Evictions
Serving a valid Notice of Termination ends a tenancy lawfully and lawful evictions aredistinct from an unlawful termination or an illegal eviction. Theseoccurwhere a landlord, through force, intimidation or otherwise (such as cutting off utilities, changing the locks etc) denies a tenant from accessing a rented dwelling or removes the tenant’s belongings from the dwellingAn unlawful termination of tenancy, also known as an illegal eviction, may occur where a landlord, through force, intimidation or otherwise (such as cutting off utilities, changing the locks etc) denies a tenant from accessing a rented dwelling or removes the tenant’s belongings from the dwelling.
The RTB takes illegal eviction very seriously as it can potentially leave a tenant homeless. Landlords are urged to seek recourse though the RTB rather than taking the law into their own hands. A landlord found by the RTB to have carried out an unlawful termination may be directed to allow the tenant re-entry into the dwelling and/ or required to pay substantial damages to the tenant depending on the circumstances of the case. Decision makers have discretion to award up to and including €20,000 in damages.
If the tenant does not vacate upon the expiration of a valid Notice of Termination, then a dispute resolution application can be submitted to the RTB.
FAQs
How do I write a termination notice to my tenant? ›
I am giving 1 month's notice to end my tenancy as required by law. I will be leaving [property address] on [tenancy end date], or on the day when a complete period of my tenancy ends next after 4 weeks from the day this notice is served.
How much notice is required to end a tenancy? ›The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.
How much notice does a landlord have to give in Alberta? ›Yearly tenancy
The tenant must give 60 days notice before the last day of a tenancy year to be effective on the last day of the tenancy year. The landlord must give 90 days notice before the last day of a tenancy year to be effective on the last day of the tenancy year.
The only immediate change this will bring is to notice periods for private tenancies. From May 5 2022 tenants will have to give: 4 weeks' notice if the tenant has lived in the property for less than 10 years. 12 weeks' notice if the tenant has lived in the property for more than 10 years.
How can a landlord end a tenancy agreement? ›You must give your tenants written notice that you want the property back ('notice to quit') and the date they must leave. The notice period you give them must be at least 2 months for section 21 notices.